Gujarat Court July 1979 Judgments
Bhavnagar Municipality Vs. Tirathdas Rupchand and ors.
Court: Gujarat
Decided on: Jul-30-1979
Reported in: (1980)21GLR815
S.H. Sheth, J.1. The respondents are dealers in bidis and have been carrying on their business within the municipal area of Bhavnagar. They have been importing bidis from outside into the Bhavnagar Municipal area. Since 1968, the municipality has been charging octroi duty on deshi bidis imported into the municipal area. Formerly the rate of levy was 60 paise per 20 Kgs.2. On May 25,1970 the municipality proposed by a resolution to alter the quantum of levy and tentatively decided that the duty should be imposed at the rate of 30 paise per 1000 bidis. Objections from the members of the public were invited to this proposal.3. After considering the objections received from the members of the public, the municipality passed on November 6, 1970 a resolution levying octroi duty at the rate of 30 paise per 1000 bidis. Thereafter that resolution was sent to the Government of Gujarat for its sanction. On October 17, 1972 the Government accorded sanction to it. On October 27, 1972 the Chief Offi...
Tag this Judgment!Suleman Isubji Dadabhai Vs. Naranbhai Dahyabhai Patel and ors.
Court: Gujarat
Decided on: Jul-27-1979
Reported in: AIR1980Guj165; (1980)0GLR232
S.H. Sheth, J.1. The appellant was the owner of survey Nos. 432. 433, 434 and 461 of village Kholvad in Kamrej Taluka of Surat District. Respondents I and 2 claim to be his protected tenants under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, (hereinafter referred to as 'the Tenancy Act' for the sake of brevity). On 12th December 1956, the appellant -3erved upon respondents 1 and 2 notice terminating under Section 32 of the Tenancy Act their tenancy in respect of the lands in question. On 31st December 1956, the appellant created a trust in respect of the lands in question for the purpose of running a free public dispensary and for giving scholarships to Muslim students for prosecuting their studies. On 20th January 1957, he made an application for registration of that trust which was styled as 'Dadabhai Trust- under Section 18 of the Bombay Public Trusts Act, 1950. On 31st January 1967, it was registered under S. 19 of the Bombay public Trusts Act. Respondents...
Tag this Judgment!D.H. Gajjar and Co. Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-26-1979
Reported in: (1979)2GLR10
N.H. Bhatt, J.1. This appeal from Order has been preferred by the original plainiff of the Special Civil Suit No. 28 of 1978 pending in the court of the Civil Judge (S.D.) Ahmedabad (Rural) at Narol, The appellant herein is the original plaintiff in that suit and the respondent herein, the State of Gujarat, is the defendant there. The plaintiff has filed the said suit for two reliefs. The first relief is for claiming a sum of Rs.3,37, 148.00 from the defendant State as the amount for which the State is alleged to be liable under the building contract between the parties. The plaintiff had undertaken the work of improvement and asphalting and bringing to the State High-way Standard the Dhudhrej-Vana-Malvan Road in Surendranagar District. The plaintiff-firm has alleged in the suit that it was able to execute the work upto the extent of Rs. 3,25,000/- and because of the breach on the part of the State Officers, the contract had become annulled on and from 17-4-74 and the plaintiff had bec...
Tag this Judgment!Shivlal Nathuram Vaishnav Vs. Sulochana and ors.
Court: Gujarat
Decided on: Jul-26-1979
Reported in: AIR1980Guj59; (1980)1GLR99
Mehta, J. 1. Our learned Brother Surti, J., has referred this Revision Application to us in the following circumstances :In Regular Civil Suit No. 291 of 1972, Civil Judge (J. D.) Palanpur granted an eviction decree against the present petitioner on the ground that he has acquired suitable residence after coming into operation of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Bombay Rent Act'). This eviction decree was granted under Section 13(1)(1) of the Bombay Rent Act. The appeal of the petitioner-tenant was dismissed by the learned District Judge, Banaskantha at Palanpur with the result that the eviction decree was confirmed. The petitioner-tenant, therefore, carried the matter in revision before this Court. In the course of hearing of this revision, a contention was urged on behalf of the petitioner-tenant that a decree for eviction would not be according to law if the tenant has disposed of the property the acquisition of which...
Tag this Judgment!Jekison Haribhai and ors. (Heirs of Haribhai Narottambhai Decd.) Vs. G ...
Court: Gujarat
Decided on: Jul-26-1979
Reported in: (1980)21GLR688
N.H. Bhatt, J.1. An interesting question of law has arisen in this revision application filed by the original defendants Nos. 2 to 10 of the civil suit No. 102 of 1974 pending in the court of the Civil Judge (J.D.) Bardoli in Surat District.2. A few facts require to be stated in order to highlight the controversial question raised before me in this application. The respondent Nos. 1 and 2 are the original plaintiffs of that suit. The said suit was filed by these respondents Nos. 1 and 2 against one Gokalbhai Narottambhai and the present (sic) petitioners for a declaration of their easement right of way for the purpose of human passage and passage for cattle and for the purpose of carrying agricultural implements. It was alleged in the plaint, which was placed at my disposal by Mr. Bhatt for the petitioners, that for the purpose of going to their fields S. Nos. 47, 53, 54 and 65, they had a right of way of all sorts, through the field S. Nos. 58/3 belonging to the defendants Nos. 1 to 4...
Tag this Judgment!Kanabhai Nagajan Vs. Brooks Bond (India) Ltd.
Court: Gujarat
Decided on: Jul-26-1979
Reported in: (1980)21GLR724
R.C. Mankad, J.1. The petitioner who was a workman in the employment of the respondent has challenged the judgment and order dated December 15, 1978 passed by the First Labour Court, Rajkot, remanding the matter to the management with a direction to give a show cause aotic; to him and to consider his explanation with regard to the punishment sought to be imposed en him.2. Petitioner was in the employment of the respondent and serving as a watchman at Jamnagar. He was found drunk and behaving in a disorderly manner and was not in a position to discharge his duty. An inquiry was held against him and at the conclusion of the inquiry by an order dated November 19, 1974, the petitioner was dismissed from service. An industrial dispute arising as a result of this dismissal order was referred for adjudication to the first Labour Court at Rajkot under Section 10(1)(c) of the Industrial Disputes Act, 1947. The dispute which was referred to the Labour Court was in the following terms:Shri Kanabh...
Tag this Judgment!Vallabhbhai Khushalbhai Patel Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jul-25-1979
Reported in: AIR1980Guj144; (1980)GLR1
Divan, C.J.1. The petitioner herein has challenged under Article 226 of the Constitution notifications under Sections 4 and 6 of the Land Acquisition Act. The petitioner is the owner of agricultural land' bearing survey No. 20/2 (Paiki) admeasuring 4 Acres 26 Gunthas situated at village Sankari, in Bardoli Taluka of Surat District. His land is part of survey No. 2012. A portion of the said land admeasuring about one acre is waste and uncultivable land and the remaining portion of the land is cultivable. The land is perennially irrigated and is watered by irrigation canal supplying water from Kakarapar Water Bund Scheme.The petitioners and his family members are cultivating the land personally. Sugarcane is the main crop grown in the land and the income derived by cultivation of this land is the main source of income of the petitioner and his family members. It is the petitioner's case that as far back as May 1, 1968, a notification under Section 4 of the Land Acquisition Act was issued...
Tag this Judgment!Chunilal Maijibhai Vs. Shankerbhai Harjibhai and anr.
Court: Gujarat
Decided on: Jul-24-1979
Reported in: (1979)2GLR123
N.H. Bhatt, J.1. This petition under Section 115 of the Civil Procedure Code is a glaring example of how technicalities arc resorted to the exclusion of the spirit and even latters of law.2. A few facts require to be stated. The Respondent No. 2 Shantilal Maijibjai iis the brother of the present applicant Chunilal Maijibhai. They have one third brother also named Paul. The three brothers jointly own some property in the City of Ahmedabad and the respondent No. 1 Shankerbhai Hrjibhai admittedly is their tenant of those premises. The respondent No. 2 Shantilal professing to be the manager of the property of the three brothers filed one suit against this respondent No. 1 Shankerbhai for possession on the ground of non-payment of rent. An ex-parte decree came to be passed against Shankerbhai somewhere in May 1975 and it came to be executed also on 7-7-76 by Shantilal obviously both for himself and for his two brothers Chunilal and Paul. The respondent No. 1 Shankerbhai thern moved the cour...
Tag this Judgment!The State of Gujarat Vs. Hiralal Motilal Luhar
Court: Gujarat
Decided on: Jul-23-1979
Reported in: AIR1980Guj146; (1980)0GLR728
1. This is an appeal by the State-original defendant in a suit filed by the respondent -original plaintiff being civil suit No. 264 of 1970 of the court of the learned Judge, City Civil Court, 5th Court, Ahmedabad, against, its judgment and decree dated 28th February 1974, declaring that the plaintiff, as the sub-tenant of the shop bearing municipal census No. 562A/1 standing upon a portion of survey number 690/1/B has a right of way as an easement necessity upon servient tenement admeasuring 36' north-south and 10' on east-west forming part of the open land bearing S. No. 690/l/A, lying to the west of the plaintiff's shop, and granting a perpetual injunction restraining the defendant-State, its servants and agents from disturbing the plaintiffs aforesaid right of easement in any manner.2. to 8. *** *** *** ***9. Mr. Chhaya, the learned Assistant Government Pleader appearing for the appellant-State, submits that in the instant case, the learned Judge has decreed the plaintiff's suit on...
Tag this Judgment!State of Gujarat Vs. R.J. Oza
Court: Gujarat
Decided on: Jul-23-1979
Reported in: (1980)21GLR627
D.P. Desai, J.1. This is an appeal against an order of acquittal in respect of an offence punishable under the Bombay Shops and Establishments Act, 1948 (the Act); and it raises the question whether the establishment of a company incorporated under the Companies Act, 1956 or under the relevant prior Legislation, carrying on the work of architect, would be a commercial establishment as defined by Section 2(4) of the Act so as to make it compulsory for it to get itself registered under Section 7(1) read with Section 7(2) of the Act The respondent limited company was prosecuted for contravention of Sections 7(9) and 51 of the Act and Rule 23(4) & (5) of the Rules framed under the Act. The substantial allegations in the complaint filed by the Shops Inspector of Baroda Municipal Corporation was that during his visit and enquiry on April 12, 1977 he found that this was an establishment which was not registered under the Act and that it had not maintained the muster-roll, salary register and ...
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